11/24/1956 · AGREEMENT · book 35 page 558 doc 5185@35/558

Town of Charlestown's Tax Collector's Sale Notice is hereby given that on the 24th day of November, 1956, at 10 o'clock in the forenoon, at the Town Hall, Charlestown, R.I., will be sold at public auction to the highest bidder for cash, the following described real estate, for the payment of taxes due and unpaid to the town of Charlestown, R.I., and the costs of the sale: 1. The land and buildings owned by Joseph R. Carpenter and Francine H. Carpenter, located in the village of Kenyon, Charlestown, R.I., and more particularly described in a deed from Gertrude L. Cook to Joseph R. Carpenter and Francine H. Carpenter dated December 14, 1948, and recorded in the Land Evidence Records of the Town of Charlestown, R.I., in Book 33, Page 352. 2. The land and buildings owned by Lehigh Petroleum Inc., located in the village of Kenyon, Charlestown, R.I., and more particularly described in a deed from Joseph R. Carpenter and Francine H. Carpenter to Lehigh Petroleum Inc. dated November 19, 1956, and recorded in the Land Evidence Records of the Town of Charlestown, R.I., in Book 35, Page 558. The said real estate will be sold subject to all liens, encumbrances, and easements of record. The said sale will be made by the Tax Collector of the Town of Charlestown, R.I., in accordance with the laws of the State of Rhode Island. By order of the Town Council, [Signature] Town Clerk Received for record November 19th, A. D. 1956 at 4:04 o'clock, P. M., [?] [Signature] Town Clerk ---- AGREEMENT THIS AGREEMENT made and entered in to this 19 day of November, 1956, by and between JOSEPH R. CARPENTER and FRANCINE H. CARPENTER, husband and wife, both of the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter known as the "Grantors", which expression shall include their heirs and assigns, wheresoever the context shall so require or admit, and LEHIGH PETROLEUM INCORPORATED, a Connecticut corporation located in and having an office and principal place of business in the Town of Norwich, County of New London and State of Connecticut, hereinafter known as the "Grantee", which expression shall include its successors and assigns, wheresoever the context shall so require or admit. WITNESSETH IN CONSIDERATION of the execution of this agreement and for other considerations and mutual promises herein contained, the said JOSEPH R. CARPENTER and FRANCINE H. CARPENTER do hereby covenant and agree to purchase all of the gasoline, motor oils, greases and other petroleum products necessary and proper for the operation of a gasoline and service station located in and upon the following described premises: A certain tract of land, containing one acre, more or less, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bound and described as follows: BEGINNING at the northwest corner of said lot, a stone set in the ground; thence running easterly at right angles ten (10) rods, more or less, until thence running easterly at right angles ten (10) rods, more or less, until thence running southerly [?] rods, more or less, bounded on the north by land now in owner, it comes to a stone set in the ground; thence running southerly at right angles ten (10) rods, more or less, bounded on the north by land now in owner, formerly of John S. Kenyon; thence running southerly at right angles ten (10) rods, more or less, bounded on the south by the south line of the highway (16) rods, more or less, bounded on the south by the south line of the highway leading from the Village of Kenyon to the Village of Shannock, bounded [?] leading from the Village of Kenyon to the Village of Shannock, bounded [?] ten (10) rods, more or less, until it comes to a stone set in the ground; thence running bounded on the south by land now in owner, thence running northerly ten (10) rods, more or less, until it comes to the point and place of beginning sixteen (16) rods, more or less, until it comes to the point and place of beginning, bounded on the north by land now in owner, or General Feed and Grain or the same premises conveyed to the grantors by deed of creation of a trust dated May 1, 1953, recorded in Book 37 at page 85 of the Land Evidence Records of said Town of Charlestown, R.I., and further conveyed by said Gertrude L. Cook to joseph, said premises being conveyed by said Gertrude L. Cook to joseph R. Carpenter and Francine H. Carpenter by deed dated December 14, 1948, and recorded in the Land Evidence Records of the Town of Charlestown, R. I., in Book 33, Page 352. exclusively from LEHIGH PETROLEUM INCORPORATED, for a period of ten (10) years from the first day of January, 1957. Said covenant to run with the land and shall be construed as real covenants running with the land. LEHIGH PETROLEUM INCORPORATED does hereby covenant and agree that the price for all materials and merchandise sold, such as gasoline, lubricants, greases, motor oils and other petroleum products purchased by JOSEPH R. CARPENTER and FRANCINE H. CARPENTER shall be sold under the following terms and conditions:— 1) The price for all merchandise sold shall be the supplier's regular wholesale

559 price for said materials and merchandise sold for said area. 2) All merchandise shall be paid by JOSEPH R. CARPENTER and FRANCINE H. CARPENTER on a load to load basis in cash; or if credit is extended, on date when said payments are due. 3) LEHIGH PETROLEUM INCORPORATED agrees that all products shall be delivered with reasonable promptness on JOSEPH R. CARPENTER's and FRANCINE H. CARPENTER's orders and LEHIGH PETROLEUM INCORPORATED shall make deliveries in usual manner, during business hours only, and not on Sundays or Holidays, except at the option of LEHIGH PETROLEUM INCORPORATED. LEHIGH PETROLEUM INCORPORATED shall not be required to make deliveries of gasoline in any single lot of less than fifty per cent (50%) of JOSEPH R. CARPENTER's and FRANCINE H. CARPENTER's storage capacity. 4) All orders shall be filled with reasonable promptness but LEHIGH PETROLEUM INCORPORATED shall not be liable in damages or otherwise for loss or delays or failure to make deliveries hereunder by reason of fire, storm, flood, riot, strikes, lock-outs, difficulties in workmen, or any other cause beyond the control of LEHIGH PETROLEUM INCORPORATED, whether the same be of a different character than those herein specified. 5) JOSEPH R. CARPENTER and FRANCINE H. CARPENTER waive any claim against LEHIGH PETROLEUM INCORPORATED as to price or quantity of any delivery of products hereunder unless such claims are made with LEHIGH PETROLEUM INCORPORATED by JOSEPH R. CARPENTER and FRANCINE H. CARPENTER in writing within one (1 week after such delivery. 6) In further consideration of the execution of this agreement, the said LEHIGH PETROLEUM INCORPORATED, agrees at its own cost and expense, to install and place in the possession of JOSEPH R. CARPENTER and FRANCINE H. CARPENTER and keep in repair, the following articles of personal property, upon the premises hereinaftermentioned, which articles of personal property are more fully described as follows:-- Three (3) pumps Four (4) gasoline tanks One (1) steel tank and pump suitable for the distribution of kerosene One (1) Frame L. Pump lift One (1) L. P. Compressor One (1) Major sign One (1) Island sign Two (2) Drive-way light poles adjacent outside lights Two (2) Drive-way light poles adjacent outside lights 7) It is mutually agreed by and between the parties hereto, that title to the above mentioned articles of personal property shall, at all times, remain with LEHIGH PETROLEUM INCORPORATED, who shall have the right during the term of this covenant, or at the termination thereof, to enter upon the said premises and remove all of the aforesaid articles of personal property that it has installed upon the premises or placed in the possession of JOSEPH R. CARPENTER and FRANCINE H. CARPENTER. 8) In further consideration of the execution of this agreement, the said LEHIGH PETROLEUM INCORPORATED agrees at its own cost and expense, to construct a concrete mat and pump island and to, paint the exterior of the building used for the gasoline and service station business located upon the herein premises and to asphalt the drive-way in front of said building and on one side of the same. 9) This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals this 19 day of November, 1956. Signed, Sealed and Delivered in presence of: Edward I. Sotile Samuel I. Safenovitz JOSEPH R. CARPENTER (L. S.) Joseph R. Carpenter FRANCINE H. CARPENTER (L. S.) Francine H. Carpenter LEHIGH PETROLEUM INCORPORATED by Irving Castle Its duly authorized officer and agent. Samuel I. Safenovitz Helen Safenovitz

560 STATE OF RHODE ISLAND ) ss: County of Washington ) } In Hopkinton, Rhode Island, on the 19th day of November, 1956, before me personally appeared JOSEPH R. CARPENTER and FRANCINE H. CARPENTER, to me known and known by me to be the parties executing the foregoing instrument and who acknowledged said instrument by them executed to be their free act and deed. EDWARD W. BOTELLE Notary Public. STATE OF CONNECTICUT ) ss. Norwich, November 19, 1956 County of New London ) } Personally appeared IRVING CASTLE, duly authorized officer and agent of LEHIGH PETROLEUM INCORPORATED, a corporation, signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed individually and as such duly authorized officer and agent and the free act and deed of said corporation, before me SAMUEL I. SAPEROVITZ Commissioner of the Superior Court. Received for record November 24th, A. D. 1956 at 9:10 o'clock, a. m. and recorded by [signature] Town Clerk ---- MORTGAGE DEED KNOW ALL MEN BY THESE PRESENTS, that We, JOSEPH R. CARPENTER and FRANCINE CARPENTER, husband and wife, both of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid grant to LEHIGH INCORPORATED, a Connecticut corporation located in the Town of Norwich, County of New London and State of Connecticut, with MORTGAGE COVENANTS, to secure the payment of THREE THOUSAND DOLLARS ($3000.00) as provided in a certain negotiable promissory note of even date, hereinafter, (Description, and incumbrances, if any) That certain real estate situated in the Town of Charlestown, County of Washington State of Rhode Island, and described as follows: A certain tract of land, containing one acre, more or less, together with the dwelling house and other improvements thereon, situated in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows:-- BEGINNING at the northeast corner of said lot at a stone set in the ground, thence running easterly at right angles ten (10) rods, more or less, together with the dwelling house set in the ground, thence running southerly [?] from the road now or formerly of John S. Kenyon; thence running southerly at right angles sixteen (16) rods, more or less, until it comes to the boundary of the land now or formerly of John S. Kenyon; thence running southerly at right angles sixteen (16) rods, more or less, until it comes to the Village Road, thence running easterly along said Village Road from the road leading to the Village of Shannock, bounded on the east by the land now or formerly of John S. Kenyon; thence running southerly at right angles sixteen (16) rods, more or less, until it comes to a stone set in the ground, bounded on the south by said Highway; and thence running northerly at right angles sixteen (16) rods, more or less, until it comes to the northeast corner and point of beginning, bounded on the west by the land now or formerly of Fred C. Weston and wife; or wherever the other boundaries may be the same bounded and described. Being the same premises charged by mortgage to Industrial National Bank by deed of Charles B. Dawley dated May 1, 1931, Recorded in Book 23, page 85 of the Land Evidence Records of said Town of Charlestown, EXCEPTING therefrom land taken for highway purposes, said land having been conveyed to said Charles B. Dawley, Book 18, page 585, and whereas herein by deed dated December 10, 1952, recorded in the Land Evidence Records of the Town of Charlestown, R. I., in Book 33, page 352. This mortgage is subject to prior mortgage of Industrial National Bank. This mortgage is made upon the STATUTORY CONDITION and with the STATUTORY POWER OF SALE. WITNESS our hands this 19th day of November, 1956. JOSEPH R. CARPENTER FRANCINE H. CARPENTER